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DECISION No

DECISION No. 52/2001/QD-BCN OF NOVEMBER 12, 2001 ON ISSUING THE REGULATION ON THE PROCESS AND PROCEDURES OF SUSPENDING POWER SUPPLY

THE MINISTER OF INDUSTRY

Pursuant to the Government�s Decree No. 74/CP of November 1, 1995 on the function, tasks, power and organization of the Ministry of Industry;

Pursuant to the Government�s Decree No. 45/2001/ND-CP of August 2, 2001 on the activities of the power service and the use of electricity;

At the proposals of the director of the Legal Department and the director of the Department for Technical Control and Supervision of Industrial Safety,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on the process and procedures of suspending power supply.

Article 2.- This Decision takes implementation effect 15 days after its signing.

Article 3.- The director of the Ministry�s Office, the Chief Inspector of the Ministry, the directors of departments attached to the Ministry, the general director of Vietnam General Electric Corporation, the directors of the Industrial Services of the provinces and centrally-run cities, the heads of the concerned agencies and units shall have to implement this Decision.

For the Minister of Industry

Vice Minister
HOANG TRUNG HAI

REGULATION ON THE PROCESS AND PROCEDURES OF SUSPENDING POWER SUPPLY

(Issued together with Decision No. 52/2001/QD-BCN of November 12, 2001 of the Minister of Industry)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation provides for the process and procedures of suspending power supply according to Decree 45/2001/ND-CP of August 2, 2001 of the Government on the activities of the power service and the use of electricity.

Article 2.- In all events of power supply suspension, the electricity seller has to notify the electricity buyer, except as stipulated in Article 8 of this Regulation.

Article 3.- The notice on suspension of power supply shall show:

1. Place where power supply shall be suspended.

2. Reason for the suspension.

3. Time when the suspension shall begin.

4. Time planned for resumption of power supply.

Article 4.- The notice on power supply suspension shall be given in one of these forms: written notice, telegram, telex, telephone, fax, E-mail and other electronic communication devices, or on the mass media.

The forms of notification shall be agreed upon by the two sides and written in the contract on purchase and sale of electricity. The notifier of suspension of power supply must be the responsible person of the electricity seller in the contract or an authorized person.

Article 5.- The suspension and resumption of power supply must strictly comply with the current process and norms on techniques and electric safety techniques and this Regulation.

Article 6.- In this Regulation the following terms are construed as follows:

1. Organizations and individuals using large amounts of electricity are those consuming electric energy of 50,000 kWh/ month upward, with the use capacity of 80 kW upward or using transformers with a capacity of 100 kVA upward.

2. Important electricity users are those determined by their importance for the country and society. The People�s Committees of provinces and centrally run cities shall determine the importance of the electricity-using organizations and individuals in their respective localities and notify the electricity managing units therein and city for implementation.

3. Total suspension of power supply is suspension of power supply in all electricity using places mentioned in the signed contract.

4. Partial suspension of power supply is suspension of power supply in one or a number of electricity using places mentioned in the signed contract.

5. Force majeure event is an event occurring beyond the control of the electricity seller, is unforeseeable and unavoidable although every necessary and possible measure has been applied. Force majeure events include shower, storm, cyclone, flood, thunder, drought, earthquake, war, sabotage...

Chapter II

CASES WHERE POWER SUPPLY MUST BE SUSPENDED

Article 7.- Planned suspension of power supply

1. Power supply suspension planned by the electricity seller in the following cases:

a/ The electricity seller needs to repair, maintain or conduct major repairs, or construct and install electrical projects;

b/ To regulate or limit the surcharge due to electric shortage;

c/ Other needs as planned.

2. Power supply suspension at the request of other concerned agencies is the power supply suspension according to construction, communication, environ-mental protection requirements.

3. Power supply suspension requested by the electricity buyer.

Article 8.- Emergency suspension of power supply

Partial or total suspension of power supply in the following cases is considered to be suspension in case of incidents or emergency:

1. Incidents in the electric supply system.

2. Risks of causing incident or serious dangers to man, equipment and the power supply system.

3. Shortage of capacity leading to insecurity of the electric system.

4. A third party violates the electric grid corridor, causing an incident beyond the control of the electricity seller.

5. Force majeure events.

Article 9.- Suspension of power supply due to violations in electricity use

The electricity seller may suspend partially or totally the supply of power when the electricity buyer commits one of the following violations:

1. Using equipment not up to the electric safety criteria as prescribed, threatening to cause serious incidents to the electric grid and threatening the safety of man and equipment.

2. Violating the provisions of Clause 5, Clause 6, Article 39 of Decree No. 45/2001/ND-CP on payment of electric bills.

3. Obstructing the inspection by the electricity seller in the performance of the contract on purchase and sale of electricity.

4. Committing acts of fraudulence while using electricity.

5. Using electricity, thus causing danger to man, animals, properties of the State and the people, causing adverse effects on the environment.

6. Deliberately causing malfunction of the measuring system.

7. Other cases as requested by competent State agencies.

Chapter III

PROCESS AND PROCEDURES OF POWER SUSPENSION

Article 10.- Planned suspension of power supply

1. The electricity seller must notify the electricity buyer at least 5 days before the suspension in the following forms:

a/ Sending a written notice or other forms of notice as agreed by the two parties in the contract to the organizations and individuals using large amounts of electricity and important electricity users;

b/ To inform the remaining organizations and individuals using electricity on the mass media.

2. After giving notice on suspension of power supply, the electricity seller shall suspend the supply of power exactly at the time already notified.

3. The electricity buyer that needs to change the time of the suspension of power supply must consult with the electricity seller at least 48 hours before the time scheduled for suspension. The electricity seller shall have to consider and settle reasonably the proposal of the electricity buyer.

a/ If the suspension cannot be delayed, the electricity seller may still suspend the power supply as planned but must inform the electricity buyer 24 hours prior to the announced suspension time except in cases of force majeure.

b/ If the electricity seller agrees to the change of time or puts off the suspension of power supply he must inform the electricity buyer 24 hours prior to the time announced for the suspension, except in case of force majeure.

4. After the suspension of power supply, the electricity seller shall have to record fully the time, contents and the process of suspension in the work diary or operational diary.

5. The electricity seller must resume the supply of power exactly at the announced time. In case the time of resumption of supply is changed (later than has been announced), the electricity seller must notify the electricity buyer thereof in time.

Article 11.- Emergency suspension of power supply

When any of the events specified in Article 8 of this Regulation occurs, the electricity seller shall be entitled to suspend the power supply first, then take the following steps:

1. To determine the cause of the interruption, the scope of its effect, and the time expected for resumption of power supply.

2. To send information in writing or other forms of notification already agreed upon by the two parties in the contract to the organizations and individuals using large amounts of electricity and the important electricity users on the contents stipulated in Clause 1 of this Article.

3. To record fully the time, cause of the incident and the process of suspending power supply in the work diary or operational diary.

4. To cooperate with the concerned parties in urgently overcoming the incident in order to resume the power supply as soon as possible.

Article 12.- Suspension of power supply due to violations in electricity use

When the electricity buyer violates one of the provisions of Article 9 of this Regulation, the electricity seller shall make a written record thereon(except Clause 2) and suspend the power supply in the following order:

1. With regard to violations of the provisions of Clause 1 and Clause 5 (not seriously enough to apply emergency suspension): the electricity seller shall notify in writing the electricity buyer of the power supply suspension 24 hours before the suspension. Past this time-limit, if the electricity buyer does not carry out the requests set in the record, the electricity seller shall be entitled to suspend the power supply at the time mentioned in the notice of power supply suspension.

In case the electricity buyer deliberately delays acting upon the requests set in the record, after suspending the power supply, the electricity seller shall send the whole dossier to the State electricity managing agency in the locality for settlement according to law.

2. With regard to violations of the payment of electricity bills stipulated in Clause 2, 7 days after receiving the notice on payment of the electricity bill, if:

a/ The electricity buyer has not yet paid the electricity bill and nor asked for consent to put off the payment date, the electricity seller shall issue a notice on suspension of power supply to the electricity buyer 24 hours before the suspension;

b/ The electricity buyer has asked for delay of payment and the electricity seller has agreed thereon, but past the date of agreed delay of payment and the buyer still has not paid fully the debts, the electricity seller shall issue a notice to the electricity buyer 24 hours before the suspension.

3. With regard to violations of the provisions of Clause 3, the electricity seller shall send the dossier to the State electricity managing agency in the locality for settlement according to law, at the same time shall issue a notice on suspension of power supply to the electricity buyer 24 hours before the suspension.

4. With regard to violations prescribed in Clauses 4 and 6, the electricity seller shall handle the violations in the use of electricity as prescribed and must inform the elctricity buyer 24 hours prior to the announced power supply suspension.

5. With regard to the suspension of power supply at the request of the competent State agency stipulated in Clause 7, after receiving the decision on suspension of power supply from the competent State agency, the electricity seller shall issue a notice and suspend the power supply according to the contents and the time mentioned in the decision. After suspending the power supply, the electricity seller shall report the result to the agency which has decided on the suspension.

6. The resumption of power supply shall be effected out only after the electricity buyer has fully implemented the handling decision of the competent authorities and has paid fully for the cost of suspension as prescribed.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13.- The electricity sellers that commit acts of violating this Regulation shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability. If causing damages, they must pay compensations therefor as prescribed by law.

Article 14.- The agencies having the function of State management over electricity under the Ministry of Industry and the localities shall have to popularize, guide and supervise the implementation of this Regulation.

Article 15.- The organizations and individuals taking part in activities of the power service and in the use of electricity shall have to strictly implement this Regulation. Any problems in the course of implementation should be reported in time to the competent State management bodies for settlement.

For the Minister of Industry

Vice Minister
HOANG TRUNG HAI